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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

                                   
In the Matter of                 )      File No. EB-02-TP-411
                                 )           
Holladay Broadcasting Company, Inc.     )         NAL/Acct.   No. 
200332700003                     
Owner of Antenna Structure Registration No.  )
1041151                          )
in Fort Walton Beach, Florida    )      FRN 0001-7476-90


                  MEMORANDUM OPINION AND ORDER

Adopted:  April 26, 2004                               Released:  
April 28, 2004

By the Chief, Enforcement Bureau:

      1.  In this Memorandum  Opinion and  Order (``Order''),  we 
           cancel a  proposed monetary forfeiture1 issued in  the 
           amount of  ten thousand dollars ($10,000) to  Holladay 
           Broadcasting  Company, Inc.  (``Holladay''), owner  of 
           antenna structure  no. 1041151 located in Fort  Walton 
           Beach, Florida, for its apparent willful violation  of 
           Section 17.50 of the Commission's Rules  (``Rules'').2 
           The  alleged violation involves Holladay's failure  to 
           maintain  good  visibility  of  the  required  antenna 
           structure  obstruction marking.  Based  on our  review 
           of  Holladay's response to the  NAL, we conclude  that 
           Holladay  did not willfully  violate Section 17.50  of 
           the Rules.   Specifically, we find that the cables  on 
           the  tower,  although unpainted,  did  not  compromise 
           good  visibility  of  the  tower.3   Accordingly,   we 
           conclude that no forfeiture should be imposed.  

     2.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b)4 of  the  Communications  Act of  1934,  as  amended,  and 
Section 1.80(f)(4)5 of the Rules, the proposed $10,000 forfeiture 
issued to  Holladay  Broadcasting Company,  Inc.,  NAL/Acct.  No. 
200332700003,  IS CANCELLED. 
      3.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by  regular  mail  and  Certified  Mail  Return  Receipt 
Requested to  Holladay Broadcasting  Co., Inc.  DBA/WKSM, 225  NW 
Hollywood Boulevard, Fort Walton Beach, FL 32859 and its counsel, 
Bart S.  Epstein, Esq.  Latham &  Watkins, 550  Eleventh  Street, 
N.W., Suite 1000, Washington, D.C.20004-1304.
                         
                              FEDERALCOMMUNICATIONS COMMISSION
                         


                              David H. Solomon
                              Chief, Enforcement Bureau

_________________________

1 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332700003 (Enf. Bur. Tampa Office, released October 22, 2002). 

2 47 C.F.R. § 17.50.

3 We note that  Holladay's failure to paint  the cables may  have 
been inconsistent with the requirements  of Section 17.23 of  the 
Rules, 47 C.F.R. § 17.23.  However,  a violation of this rule  is 
not  before  us  in  this  proceeding  so  we  need  not  make  a 
determination at this time whether the unpainted cables  violated 
the provisions  of  this rule.   We  note further  that  Holladay 
states in its response  that since the issuance  of the NAL,  the 
cables have been painted.

4 47 U.S.C. § 504(b).

5 47 C.F.R. § 1.80(f)(4).